- 27 - Deductions, such as those claimed by petitioners on their Schedules F, are a matter of legislative grace. A taxpayer claiming such deductions must prove entitlement to them. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). In particular, for a taxpayer to claim a deduction on a Schedule F, the taxpayer must establish that the farming activity constitutes a trade or business. The Supreme Court has stated that "to be engaged in a trade or business, the taxpayer must be involved in the activity with continuity and regularity and * * * the taxpayer's primary purpose for engaging in the activity must be for income or profit. A sporadic activity * * * does not qualify." Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987). The question of whether a taxpayer is engaged in a trade or business requires an examination of all the relevant facts. Id. at 35. In applying the facts and circumstances test, courts have focused on three factors indicative of whether a trade or business exists. First, the taxpayer must undertake the activity intending to make a profit. Drobny v. Commissioner, 86 T.C. 1326, 1340 (1986), affd. 113 F.3d 670 (7th Cir. 1997); Green v. Commissioner, 83 T.C. 667, 687 (1984). Second, the taxpayer must be regularly and actively involved in the activity. Snyder v. United States, 674 F.2d 1359, 1364 (10th Cir. 1982). Third, the taxpayer’s business operations must have actually commenced.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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